The Green-type direction on an accused's special sensitivity to provocation is only required where there is evidence that the accused possessed a personal attribute or characteristic making them particularly susceptible to the provocation offered; it should not be given in the absence of such evidence. The 'ordinary person' in the objective test for provocation under s 304 Criminal Code 1899 (Qld) cannot be modified to an 'ordinary Aboriginal person' — the accused's racial or ethnic background is relevant only to assessing the gravity of the provocation, not to the standard of self-control.
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